ITEM 5.1 Martin Farms 2nd AddP
CITY oI= 0
ot
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
10 February 2014
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator Johnson
5.1-- Martin Farms 2nd Add.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of the Martin Farms 2nd Addition final plat and development agreement.
ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC 'NEARING REQUIRED?
Yes. I No.
BACKGROUND/JUSTIFICATION:
Lennar has submitted application for final plat approval of 67 single family lots to be known as Martin
Farms 2nd Addition. The City Council approved the preliminary plat and PUD -CUP for the development
on 11 February 2013.
■ Preliminary Plat Consistency. The proposed 2nd Addition final plat is consistent with the design
for this area of the development shown on the preliminary plat. The phasing for final platting
for the second phase of Martin Farms will provide a much needed second access to the
neighborhood by providing for extension of Martin Farms Avenue between 70th Street and 73rd
Street. This phasing plan also allows for a second water main to be extended between Martin
Farms and the developments south of 70th Street, which provides redundancy in case of a pipe
failure.
■ Zoning. The subject site is zoned, R-6 Residential Medium Density District, which allows single
family dwellings as a permitted use.
■
Lot Requirements. Under the PUD -CUP approved with the preliminary plat, single family lots
within wildflower Meadows are subject minimum requirements shown below. All of the
proposed lots illustrated on the final plat comply with these requirements.
Lot Lot Lot Setbacks
Area Width Depth Front Side Rear Wetland
Interior 91000sf. 60ft. 100ft. 35ft. 7ft. 20ft. 40ft.
Corner (net) 90ft. 30ft.
Landscaping. The preliminary plat/PUD-CUP approval for Martin Farms included a landscape
plan to provide for boulevard landscaping along the public streets as well as buffer yard
plantings required by Section 20-16-7.D of the Zoning Ordinance along MacIver Avenue and 7ot�'
Street. The developer has submitted a revised landscape plan for the areas of Martin Farms 2n`'
Addition will be required to install this landscaping as a condition of final plat approval.
Access/Streets. Streets within the proposed final plat are designed with a 60 foot right-of-way
and 28 foot street section with concrete curb and gutter. A five foot wide concrete sidewalk will
be constructed along one side of all public streets as required by the Subdivision ordinance and
Engineering Manual. All street construction plans are subject to review and approval of the City
Engineer. The section of the public street adjacent to Lots 1-3, Block 6 is to be designated at
72nd Street on the final plat. Signs identifying future extension of public streets are to be
installed at the termini of 71St Street, 72nd Street and 73rd Street east of Martin Farms Avenue,
71St Street south of Martin Farms Avenue and 72nd Street west of Martin Farms Avenue. The
developer will pay a collector street access fee of $1,690/lot as part of the development
contract for the construction of MacIver Avenue equal to $113,320.
Park and Trail Dedication. Park and trail dedication requirements for Martin Farms were
calculated with Phase 1 based on the overall project area of 306.09 acres. Outlot. D, Martin
Farms was dedicated to the City satisfying 6.3 percent of the required dedication. The Future
Parks and Trails System Plan included in the Comprehensive Plan does not designate any area
within Phase 2 for additional park land acquisition. As such, park and trail dedication
requirements for Phase 2 will be satisfied by payment of a cash fee in lieu of land calculated as
follows: 67 of lots x $3,345/lot x 93.7/0 = $210,184 City staff will discuss with the developer
construction of the trail along the north side of 70th Street from Maclver Avenue to the east plat
line as part of their project for credit to the park dedication fees. This section of trail is not
included in the current lot" Street construction plans.
■ Grading and drainage Plans. The developer has submitted grading and drainage plans for the
proposed 2nd Addition. All grading and drainage plans are subject to review and approval by the
City Engineer. The developer is required to pay a Stormwater Impact Charge for Otsego Creek
at the time of final plat approval calculated at $3,175/net acre with the development contract.
Utilities. The developer has submitted utility plans for the proposed 2nd Addition. All utility
plans are subject to review and approval by the City Engineer. The developer is required to pay
Utility Availability Charges at the time of final plat approval of:
o Water Availability Charge: $1,566/REC x 67 lots = $104,922
o Sewer Availability Charge: $2,200/REC x 67 lots = $147,400
The developer will receive credit within the development contract for installation of water main
within loth Street as part of this project as summarized in the City Engineer's review. The trunk
water main is identified on the City's utility plans to provide connection between two water
service mains and also for future extension of services to the east.
® Easements. The final plat illustrates drainage and utility easements at the perimeter of each
single family lot. The easements along the south lines of Lots 9, Block 4 and Lot 1, Block 5 must
be revised to be a minimum 20 feet wide for the required buffer yard plantings adjacent to 70th
Street. All easements are subject to review and approval of the City Engineer.
■ Street Lighting. Section 6-5-4 of the City Code specifies installation of street lighting for new
subdivisions. Type I lighting will be required to be installed at the corners of intersecting local
streets and a Type II light installed at intersection of loth Street and Martin Farms Avenue by the
developer. The development contract will provide for payment of the street light operation fee
established by the City Code.
® outlot A. The proposed final plat includes one outlot, which is the remainder of the property
within Martin Farms Phase 2 that has been preliminary platted and is reserved for future
development.
■ Development Agreement. The City Attorney has drafted a development agreement related to
the proposed final plat to provide for construction of the project, completion of all public
improvements, establishment of required securities and payment of applicable fees. The
Development Agreement is to be adopted by resolution of the City Council concurrent with the
final plat approval and executed prior to recording of the final plat.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Site Location
B. Engineering Review dated January 22, 2014
C. Findings of Fact and Decision
D. Resolution 2014-09 approving the Development Agreement
E. Development Agreement
F. Final Plat
G. Landscape Plan
H. overall Grading Plan
I. overall Utility Plan
POSSIBLE MOTION
Please ward motion as you would like it to appear in the minutes. --- - - — ---- - -- - -- -
Motion to approve the Martin Farms 2nd Addition final plat subject to the conditions as outlined in the
Findings of Fact and Decision and adopt Resolution 2014-09 approving a Development Agreement.
BUDGET INFORMATION
FUNDING: I BUDGETED: ❑ YES
u NO
ACTION TAKEN
❑ APPROVED AS REQUESTED o DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
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Review No. 1
ENGINEERING REVIEW
1Hakanson Residential Subdivision
1AIAnderson for the City of Otsego
by
Hakanson Anderson Associates, Inc.
Submitted to: Honorable Mayor and City Council
cc: Lori Johnson, Administrator
Ta m i Loff, City Clerk
Dan Licht, City Planner
Andy MacArthur, City Attorney
Ronald J. Wagner, P.E.
Lennar Corporation
Fran Hagen, P.E., Westwood Professional Services, Inc.
Reviewed by: Brent M. Larson, P.E.
Date: January 22, 2014
Proposed
Development: Martin Farms 2nd Addition
Street Location A portion of the SW 1/4 of section 30, T1 21 , R23. North of
loth Street NE and East of MacIver Avenue NE.
Applicant: Joe Jablonski
Developer: Lennar Corporation
1630536 th Avenue North, suite 500
Plymouth, Minnesota 55445
(952) 249-3014
Owners of Record: Lennar Corporation
Purpose: Martin Farms 2nd Addition is a proposed 57 single-family
residential lot development on 25+ acres of the 49.5± acre
Martin Farms, Outlot F (also called Phase 2), in the City of
Otsego, Wright County, Minnesota. The proposed
development will be served with municipal water, sanitary
sewer, storm sewer, and public streets typical of an urban
setting.
Jurisdictional City of Otsego, Wright County, Minnesota Department of
Agencies: Natural Resources, Minnesota Pollution Control Agency,
(but not limited to) Minnesota Health Department
Permits Required: NPDES, Minnesota Department of Health (water), and
(but not limited to) Minnesota Pollution Control Agency (sanitary sewer)
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INFORMATION AVAI LI BLE
FINAL PLAT
CONSTRUCTION PLANS
COVER SHEET
OVERALL UTILITY PLAN
SANITARY SEWER AND WATERMAI N PLAN
STORM SEWER AND STREET PLANS
DETAILS
GRADING PLANS
DEVELOPMENT PLAN
STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
HYDRO LOGY/STO RMWATE R
OTHER CONSIDERATIONS
SUMMARY AND/OR RECOMMENDATION
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INFORMATION AVAILABLE
Construction Plans for Martin Farms 2nd Addition, 1111114 revision, by Westwood
Professional services, Inc.
Storm sewer Design calculations for Martin Farms 2nd Addition, dated 1111114, by
Westwood Professional services, Inc.
Grading, Drainage and Erosion control Plan for Martin Farms Phase 2 (Outlot F), 10/30113
revision, by Westwood Professional Services, Inc.
Final storm Water Runoff calculations for Martin Farms Phase 2 (Outlot F), dated 10123113,
by Westwood Professional services, Inc.
Preliminary Plat submittal (includes: Preliminary Prat, Preliminary Grading and Erosion
Control Plan, and Preliminary Utility Plan, and street Profiles) of Martin Farms, Phase 2
(Outlot F), 1/11/131 by Westwood Professional services, Inc.
Additional Information
Preliminary Plat of Martin Farms, 0110103, by Westwood Professional services, Inc.
As -built Construction Plans for Martin Farms, 12110109, by Westwood Professional services,
nc.
As -built Grading Plans for Martin Farms, 1114109, by Westwood Professional services, Inc.
Final storm Water Runoff calculations for Markin Farms, dated 4120104 and revised
719120047 by Westwood Professional services, Inc.
Geotechnical Report for Martin Farms, 118103, by Northern Technologies, Inc.
Environmental Assessment Worksheet, June 2003, by Schoell & Madson, Inc.
City of Otsego Engineering Manual, 2009 Revision
Minnesota Rules, chapter 4410 -- EAW Requirement
City of Otsego Zoning and Subdivision ordinances, 10114102
National Wetland Inventory Map, 1991
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FINAL PLJvVY
1) A 20' wide drainage and utility easement along the south property lines of Lot 1,
Block 5 and Lot 9, Block 4 is required to cover a required landscaping berm.
2) The street in front of Lots 1-3, Block 6 is to be designated as 72nd Street.
3) All utilities extending beyond the platted boundaries or into Outlot A shall be covered
by drainage and/or utility easements. (i.e. along Martin Farms Ave, south of 72nd
Street, and east of Lot 3, Block 6) .
4) All wetlands shall be shown on the final plat. (i.e. wetlands in Block 1, Block 7, Outlot
A)
5) The typical detail showing Drainage and Utility Easements along lot lines does not
pertain to the required 20' wide easement along rear lot line (or 10' on each side of
the lot line for common rear lot lines). These 10' wide easements must be labeled
throughout the plat.
6) The separate existing easement covering the storm sewer at the northwest corner of
Lot 1, Block 7 is no longer necessary and should be vacated.
7) A few dimensions along the front lot lines of Lots 10--11, Block 7 are missing. It
appears that these lot widths were revised from the preliminary plat to accommodate
a new storm sewer line between Lots 8 & 9, Block 7. verify that these lots meet the
minimum requirements for lot width and area.
8) The County Surveyor will check that the plat meets all minimum state statute
requirements prior to the preparation of mylars.
CONSTRUCTION PLANS
Cover Sheet (Sheet 1)
1) The benchmark(s) and datum shall be NGVD 1929 Adj. Datum (All Sheets)
2} Provide an approval signature line for Ronald J. Wagner, P.E., city Engineer.
Overall Utility Plan (Sheet 2)
1) The street in front of Lots 1-3, Block 6 is to be designated as 72nd Street (All Sheets)
2} A portion of the building pad at Lot 7, Block 3 has insufficient hydrant coverage. We
recommend moving the hydrant located along the lot line between Lots 10 & 11,
Block 3 to the lot line between Lots 9 & 10, Block 3.
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3) The temporary cul-de-sacs at the ends of 73rd street and 72nd street shall be shown.
4) Move the sanitary sewer manholes at the east ends of 73rd, 72nd, and 71st streets
west about 10' and provide stub pipe at minimum grade out of each manhole, to the
property line, for future connections.
5) The gate valve located on the east leg of the watermain at the intersection of 71St
Street and Martin Farms Ave shall be move to the north leg.
6) We recommend adding a valve (as contractors generally insist on testing against
their own work) at the connection to the watermain near the intersection of Martin
Farms Ave and 70th Street.
7) All sanitary sewer manholes in clay soils shall have a Hamilton Kent Lifespan System
frame and casting. Please make a note in the plans to call attention to this.
Sanitary Sewer and Watermain (Sheets- 3-
1) Call out the elevations, sizes and types of all existing utilities that are being
connected to or utilized by Martin Farms 2nd Addition. (All sheets)
2) Pertaining to the Notes regarding service stubs, we have been receiving comments
from the MN department of health that a minimum of 10' of horizontal separation is
required between all sanitary and water services regardless of vertical separation.
(All sheets)
3) The 8" gate valve on the south leg at the intersection of 72nd Street and [Martin Farms
Avenue is shown on the sanitary sewer. Please revise.
4) The stationing of the wye to lot 1, Block 1 is incorrect. Please revise.
5} A minimum of 2' vertical separation is required between all sanitary/watermain or
services at storm sewer crossings X12" of separation is allowed with 4" of insulation).
Please review the following for conflicts with storm sewer and revise locations or
provide notes addressing the issue:
a. All water services to Block 1
b. Watermain crossings at service to Lot 3, Block 6.
c. watermain crossings at 73rd and 72nd streets.
Street and Storm Sewer (Sheet 6-11)
1) Sanitary and watermain shall be shown (greyed out) on the storm sewer plan sheets.
At a minimum the watermain and sanitary sewer crossings shall be shown in the
background in the profiles.
2) Please include a note as to whether the pipe lengths include the FES lengths or not.
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3) All FES's requiring erosion control (i.e. Rip -Rap) shall have articulated concrete block
per Otsego Standard Plate #500.
4) Draintile shall be shown (where the top of pipe protrudes into the street aggregate
base) on the high side of the storm sewer pipe and on both sides of the pipe at low
points.
5) Call out/show end of street construction limits in profile at south end of Martin Farms
Ave on sheet 7, at west end of 72nd Street on sheet 8 (currently called Martin Farms
Ave) , at south end of Martin Farms Ave on sheet 9, and at the east end of 72nd Street
on sheet 10.
6) Sheet 7, it does not appear that the longitudinal draintile north and south of CBs 500
and 517 is necessary, just the transverse draintile on both sides of the pipe crossing
is needed here. There are a few other areas where the lack of or inclusion of
draintile should be looked at more closely. Please see attached redlines identifying
these areas.
7) Sheet 7, the street subgrade line is not shown in the profile as it is on other sheets.
This line is helpful to identify where draintile is necessary. Please revise.
8) Sheet 8, the horizontal curve at station approximate station 22+36 does not meet the
minimum 250' radius.
9) Sheet 10, the grade around curb in the NE quadrant of the 72nd street and Martin
Farms Ave is 0.06%. A minimum of 0.60% is required along concrete curb.
1 O)Sheet 11, all HDPE pipe shall have a minimum of 3' of cover over the top of the pipe
per 5.01.2 of the Otsego Engineering Manual.
11 }Sheet 11, the proposed ground profile shown in "Profile H" does not appear to agree
with the proposed storm sewer rim elevations. Review and revise.
Details (Sheet 12)
1) Many of the Otsego Standard Plates have been revised in 2013 Otsego Engineering
Manual. Please refer to the City of Otsego website for updated standard plates.
http://www.ci.otsego.mn.us/index.asp?TyiDe=B BASIC&SEC={F292319E-78F3-
4793-9F1 B-AA40DAAFFBD51
2} Many details are missing from the plans. Details such as: a normal (not drop)
sanitary sewer manhole, service details, gate valves and hydrants, temporary cul-de-
sac, type 3 barricades, etc. Revise to include all necessary details.
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GRADING PLANS
1) The benchmark(s) and datum shall be NGVD 1929 Adj. Datum (All Sheets)
2) Provide an approval signature line for Ronald J. Wagner, P.E., City Engineer.
3) The street in front of Lots 1-3, Block 6 is to be designated as 72nd Street (All Sheets)
4) The wetland along the rear lot lines of Lots 1-8, Block 7 appears to be drained by the
existing storm sewer pipe at the northwest corner of Lot 1, block 7 (Inver = 926.47).
The stormwater discharge from Pond A was originally proposed to discharge through
this wetland and is not being (at least partially) diverted to the storm sewer system
along Martin Farms Avenue. There is concern that this wetland will not be functional
without the water from Pond A.
5) The rear lot corner elevations of Lots 1-8, Block 7 do not appear to agree with the
existing and proposed contours (i.e. the existing wetland elevation appears to be
between 928-930 and the proposed lot corners are all 932.0). Review and revise.
DEVELOPMENT PLAN
1) A development plan has not been submitted at this time. A development plan and
separate tabulation shall be submitted prior to the start of construction.
STORM WATER POLUTION PREVENTION PLAN (SWPPP)
1) A SWPP Plan has not been submitted at this time, though some of the required
sediment control and erosion prevention has been included on the grading plans. A
SWPPP shall be submitted for review prior to the start of construction.
2) A concrete washout area shall be depicted in the plans. Check that the runoff from
this area(s) is contained and does not enter wetlands, ponds or other waterways.
IN
MOT
[9-11siTivamm
1) The Storm Water Runoff Calculations were submitted and reviewed with the
preliminary plat submittal for Martin Farms Phase 2 (Outlot F). These calculations
were revised 10/23/13 and found acceptable.
The Storm Sewer Design Calculations, dated 1/11/14
2) The minimum time of concentration shall be 10 minutes with an 10 year frequency
intensity of 5.8 in/hr at 10 minutes.
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3) Provide justification of the rational method runoff coefficients ("C value") used. Not
every C value needs to be calculated just a typical calculation of each C value used
(i.e. typical single family rear yard, single family front yard, and muli-family, etc.)
OTHER CONSIDERATIONS
1) A concrete washout area shall be depicted in the plans. Check that the runoff from
this area(s) is contained and does not enter wetlands, ponds or other waterways.
2) Mailbox locations shall be shown in the plans. (All new developments in urban areas
shall have a postmaster general approved mailbox. A cluster locking mailbox is
required in all Otsego mailing zip codes for new developments).
3) We recommend that the developer construct a 10' wide bituminous off-street trail
along the north side of 70t" Street, within the 70th Street Right -of -Way, from Martin
Farms Avenue to MacIver Avenue in lieu of a portion of the required Park and Trail
Dedication Fee. Construction of a trail along 70th Street from Martin Farms Avenue
to Odean Avenue is expected to start in 2014 to make an east -west connection for
pedestrians and bikers. The Cities of Otsego, Albertville, and Wright County are
seeking funding approval for reconstruction of 70th Street from MacIver Avenue to
CSAH 19 in 2018, which would also include a 10' wide bituminous off-street trail.
Constructing this portion of the trail along the south edge of Martin Farms at this time
will avoid a gap in the trail system in the near future. Approximately'/4 mile of 16"
trunk watermain should also be extended west, along with the construction of this
trail.
SUMMARY AND/OR RECOMMENDATION
We recommend approval contingent upon the above comments being addressed and the
SWPPP and Development Plan being be submitted for acceptance prior to the start of
construction.
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kit
Ot e
1 0
9
FINDINGS OF FACT AND DECISION
31 January 2014
r_Ir Y
APPLICANT: U.S. Home Corporation d/b/a Lennar
APPLICATION: Request for approval of a Final Plat for 66 single family lots to be known as Martin
Farms 2nd Addition.
CITY COUNCIL MEETING: 10 February 2014
FINDINGS: Based upon review of the application and evidence received, the city council of the
City of Otsego now makes the following findings of fact:
A. The legal description of the property is Outlot F, Martin Farms located within the city of
Otsego, county of Wright, State of Minnesota.
B. The subject site is guided by the Comprehensive Plan for low density residential uses within
the West Sewer District.
C. The subject site is zoned R-6, Medium Density Residential District.
D. The City council approved application for preliminary plat approval to subdivide 49.8 acres
into 132 single family lots, two outlots and public right-of-way on 11 February 2013.
E. The applicant is proposing a final plat of 67 single family lots to be known as Martin Farms
2nd Addition.
F. The Request for Council Action dated 27 January 2014 prepared by the city Planner, The
Planning Company LLC, is incorporated herein.
G. The Engineering Review dated January 22, 2014 prepared by the city Engineer, Hakanson
Anderson Inc., is incorporated herein.
H. Final plat applications are processed in accordance with Section 21-3-3 of the Subdivision
Ordinance and do not require a recommendation by the Planning commission..
DECISION: Based on the foregoing information and applicable ordinances, the application is
hereby APPROVED subject to the following conditions:
1. The applicant shall execute a development agreement as drafted by the City Attorney and
subject to approval of the City council.
2. All of the lots within Martin Farms 2nd Addition shall comply with the following minimum lot
requirements:
1
3. The final plat shall be revised to provide minimum width of 20 feet for the drainage and utility
easements along the south lot lines of Lot 9, Block 4 and Lot 1, Block 5 adjacent to 70th
Street.
4. The applicant shall satisfy park and trail dedication requirements as a cash fee in lieu of land
of $210,184 less any credits for trail construction approved by the City Engineer.
5. The applicant shall pay applicable utility availability charges upon approval of the final plat
(less any credit for installation of trunk water main as approved by the City Engineer) with
utility connection charges to be paid at the time a building permit is issued for each lot based
on the current fee in effect at that time.
8. All construction plans for sanitary sewer, water main, storm sewer and streets shall be
subject to review and approval by the city Engineer.
7. All grading, drainage and erosion control plans are subject to review and approval by the city
Engineer.
8. Street lighting shall be installed within the final plat in accordance with Section 5-8--4 of the
City code with payment of charges as established in accordance with the city Fee Schedule,
subject to review and approval of the city Engineer.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
Attest:.
ADOPTED by the city Council of the city of Otsego this '1 oth day of February, 2014,
Tami Loff, city clerk
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
Lot
Area
Lot
Width
Lot
Depth
Setbacks
Front
Side
Rear
Wetland
Interior
9,000sf.
(net)
60ft.
100ft.
35ft.
7ft.
20ft.
40ft.
Corner
90ft.
30ft.
3. The final plat shall be revised to provide minimum width of 20 feet for the drainage and utility
easements along the south lot lines of Lot 9, Block 4 and Lot 1, Block 5 adjacent to 70th
Street.
4. The applicant shall satisfy park and trail dedication requirements as a cash fee in lieu of land
of $210,184 less any credits for trail construction approved by the City Engineer.
5. The applicant shall pay applicable utility availability charges upon approval of the final plat
(less any credit for installation of trunk water main as approved by the City Engineer) with
utility connection charges to be paid at the time a building permit is issued for each lot based
on the current fee in effect at that time.
8. All construction plans for sanitary sewer, water main, storm sewer and streets shall be
subject to review and approval by the city Engineer.
7. All grading, drainage and erosion control plans are subject to review and approval by the city
Engineer.
8. Street lighting shall be installed within the final plat in accordance with Section 5-8--4 of the
City code with payment of charges as established in accordance with the city Fee Schedule,
subject to review and approval of the city Engineer.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
Attest:.
ADOPTED by the city Council of the city of Otsego this '1 oth day of February, 2014,
Tami Loff, city clerk
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO, 2014-09
RESOLUTION APPROVING DEVELOPERS AGREEMENT- MARTIN
FARMS SECOND ADDITION
WHEREAS, Lennar is seeking approval of a Plat known as MARTIN FARMS
SECOND ADDITION; and
WHEREAS, the approved Plat requires construction of public improvements and
payment of City costs and fees; and
WHEREAS, those obligations are contained and memorialized in the attached
Developers Agreement.; and
WHEREAS, the Developers Agreement also sets forth the security required to
assure satisfactory construction of public improvements and establishes the
various remedies available to the City in the event that Developer breaches the
terms and conditions of the Agreement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Otsego, Wright County, Minnesota as follows;
1. The attached Developers Agreement between the City of Otsego and
Lennar is hereby approved.
2. The Mayor and City Clerk are hereby authorized to execute the Developers
Agreement on behalf of the City of Otsego.
ADOPTED this 10t' day of February, 2014 by the City Council of Otsego.
MOTION TO ADOPT the Resolution by Council Member,
and seconded by Council Member
OPPOSED:
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
DEVELOPMENT AGREEMENT
MARTIN FARMS SECOND ADDITION
AGREEMENT entered into this day of January, 2014 between the City of
Otsego ("City"), a municipal corporation organized under the laws of the State of
Minnesota, and US Homes Corporation, a corporation under the laws of the State of
Delaware ("Developer").
1. Request for Plat Approval. The Developer has requested that the City
approve that plat entitled MARTIN FARMS SECOND ADDITION. A
preliminary plat for NLARTIN FARMS SECOND ADDITION was approved
on February 11, 2013. The final plat of MARTIN FARMS was approved on
March 8, 2004 and the original Developers Agreement for MARTIN FARMS
was dated June 30, 2004. The legal description of the property covered by this
Agreement is as follows:
Outlot F, MARTIN FARMS according to the Plat on file and of record at the
Office of the County Recorder, Wright County, Minnesota.
The Plat contains sixty six (67) single family residential lots. The plat is located within the
City's West Sewer District, is zoned R-6, Residential Medium Density District as approved
by Ordinance adopted by the City Council on October 11, 1999. The Final Plat for
MARTIN FARMS was approved by the City Council on March 8, 2004.
2. Conditions of Plat Approval. The City hereby approves the Plat on
condition that the Developer enter into this Agreement, furnish the security required by it,
and record the Developers Agreement with the Wright County Recorder or Registrar of
titles within one hundred (100) days after the City Council approves the Agreement. The
Developer shall cooperate with the City in recording the Agreement and all required
additional deeds and documents and providing assurance that the Agreement and all
required documents have been properly and timely recorded. Any restrictive covenants for
thephase shall be submitted to the City Attorney for approval and shall be recorded prior to
sale of any lots within this Phase.
3. Right to Proceed. Within the Plat, the Developer may not grade or otherwise
disturb the earth, remove trees, construct sewer lines, storm sewers, water lines, streets,
utilities, public or private improvements, or any buildings or structures until all the
following conditions have been satisfied: 1) this Agreement has been fully executed by
both parties and filed with the City Clerk-, and all conditions contained in the Agreement
have been met, 2) the necessary security has been received by the City, 3) this Agreement
has been recorded with the Wright County Recorder's Office, 4) The Developer has
initiated and attended a pre -construction meeting with the City Engineer, and 5) the Zoning
Administrator has issued a letter that all conditions have been satisfied and that the
Developer may proceed; or until such time as approval to commence earlier construction is
specifically approved by the City, and Developer has fully complied with all conditions set
forth by City staff.
4. Sanitary Sewer Service Allocation. The allocation of sanitary sewer service
to the 66 lots within the Phase does not occur until all required security has been posted.
5. Changes in Official Controls. MARTIN FARMS SECOND ADDITION is
a planned and staged development within the meaning of Minn. Stat. 462.358, Subd. 3c,
and no amendment to the City's Comprehensive Plan or other Official Controls shall apply
to or affect the use, development density, lot size, lot layout, or platting requirements for
MARTIN FARMS SECOND ADDITION for a period of five (5) years. Thereafter,
notwithstanding anything in this Agreement to the contrary, to the full extent permitted by
State law, the City may require compliance with any amendments to the City's
Comprehensive Plan, other Official Controls enacted after the date of this Agreement. This
provision does not apply to regulations or Official Controls related to par1c, and trail
dedication or any fee established by the City chargeable to the Developer for municipal
costs arising from said future phases.
6. Development Plans. The Plat shall be developed in accordance with the
plans on file at the office of the City Clerk- and the conditions stated below. If the plans vary
from the written terms of this Agreement, the written ten -ns shall control. The plans are:
Plan A Final Plat, MARTIN FARMS SECOND ADDITION prepared by
Westwood Professional Services, Inc.
Plan B Grading, Drainage, and Erosion Control Plan prepared by Westwood
Professional Services, Inc. and as finally approved by the City
Engineer.
Plan C Sanitary Sewer, Water Main, Storin Sewer and Streets Plans for
MARTIN FARMS SECOND ADDITION, as prepared by Westwood
Professional Services, Inc., and as finally approved by the City
Engineer.
Plan D Preliminary Landscape Plan for MARTIN FARMS SECOND
ADDITION, prepared by Westwood Professional Services, Inc., and
as finally approved by the City Zoning Administrator.
7. Improvements. The Developer shall install and/or pay for the following:
A. Streets
B. Street lights
C. Site grading and ponding
D. Underground installation of all utilities
E. Sanitary sewer lines
F. Water lines
G. Storm water management improvements
H. Setting of lot and block monuments
1. Construct -ion surveying and staking
J. Traffic control signs
Improvements shall be installed in accordance with City standards, the City
Code, and the above -referenced plans that have been furnished to the City and approved by
the City Engineer. The Developer shall obtain all necessary permits before proceeding with
construction. The City shall provide adequate field inspection personnel to assure
acceptable quality control, which will allow certification of the construction work. The City
may, when reasonably required to do so, and at the Developer's expense, have one (1) or
more City inspectors and a qualified engineer inspect the work-. Within thirty (30) days
after the completion of the improvements and before all retained security is released, the
Developer shall supply the City with a complete set of reproducible "as constructed" and an
electronic file of the "as constructed" plans in AutoCAD.DWG file or a DXF file, all
prepared in accordance with City standards. Before the security for the completion of
utilities is fully released, iron monuments shall be installed in accordance with Minnesota
Statutes 505.02. The Developer's surveyor shall submit a written notice to the City
certifying that the monuments are installed following site grading, utility and street
construction.
8. Contractors/Subcontractors. City Council members, City employees, and
City Planning Coi-nmission members, and corporations,, partnerships and other entities in
which such individuals have greater than a twenty five percent (25%) ownership interest or
in which they are an officer or director may not act as contractors or subcontractors for the
public improvements identified in Paragraph 7 above.
9. Permits. The Developer shall obtain or require its contractors and
subcontractors to obtain all necessary permits, which may include, but are not limited to:
A. Wright County for County Road access and work in County right of
way.
B. MNDOT for State Highway Access
C. MNDOT for work in right of way
D. Minnesota Department of Health for watermains
E. MPGA NPDES Permit for construction activity
F. MPCA for sanitary sewer and hazardous material removal and
disposal
G. DNR for dewatering
H. City of Otsego for building permits
1. City of Otsego for sanitary sewer connections
J. City of Otsego for retaining walls
10. Dewatering. Due to the variable nature of groundwater levels and
stormwater flows, it will be the Developer's and the Developer's contractors and
subcontractors responsibility to satisfy themselves with regard to the elevation of
groundwater in the area and the level of effort needed to perform dewatering and storm
flow routing operations. All dewatering shall be in accordance with all applicable County,
State, and Federal rules and regulations. DNR regulations regarding appropriations pen -nits
shall be strictly followed.
11. Time of Performance. The Developer shall install all listed improvements
by December 31, 2014. The Developer may request an extension of time from the City to be
submitted in writing to the City Clerk-, for which said extension shall be conditioned upon
updating the security posted by Developer to reflect cost increases and the extended
cornpletion date. Final wear course placement outside of the above time frame must have
the written approval of the City Engineer. The City may impose additional conditions on the
extension necessary to ensure perfon-nance.
12. Right of Entry. The Developer hereby grants to the City, its agents,
employees, officers and contractors an irrevocable right of entry to enter the Plat to perform
any and all work and inspections necessary or deemed appropriate by the City during the
installation of improvements by Developer or the City, or to make any necessary corrective
actions necessary by the City. Except in emergency situations, as defined by the City, the
City shall give the developer fifteen (15) business days notice stating the deficiencies and
necessary corrections prior to making any corrective action. Said right of entry shall
continue until the City finally accepts the improvements and any applicable warranty period
has expired.
13. Erosion Control, Prior to initiating site grading, and before any utility
construction is commenced or further building pen -nits are issued, the erosion control plan,
Plan B. shall be implemented by the Developer and inspected and approved by the City. If
the City Engineer deten-nines that it would be unreasonable to require full implementation
of the erosion control plan prior to utility construction or issuance of certain building
permits, he shall state in writing what construction can take place and what particular
building permits can be issued prior to full 'Implementation. The City may impose
additional erosion control requirements if, in the opinion of the City Engineer, they would
be beneficial. All areas disturbed by the excavation and backfilling operations shall be
reseeded forthwith after the completion of the work in that area. If the Developer does not
comply with the erosion control plan and schedule or any supplementary instructions, the
City may, with reasonable notice, take action as it deems appropriate.
14. Grading Plan. Plat grading shall be in accordance with the approved
grading plan, Plan B. The plan shall confon-n to City specifications and the City Code.
Ponds, swales, and ditches shall be constructed on public easements or land owned by the
City. Within thirty (3 0) days after completion of grading and before any retained security is
fully released, the Developer shall provide the City with an "as built" grading plan including
certification by a registered land surveyor or qualified engineer that all ponds, swales, and
ditches have been constructed on public easements or land owned by the City. "As built"
plans shall include field verified elevations of the following:
A. Cross sections of ponds
B. Location and elevations of swales and ditches
C. Lot comers and house pads
Occupancy pen -nits shall not be issued by the Building Official until the
grading and drainage plan is certified as set forth above.
15. Clean Up. The Developer shall promptly clean any and all dirt and debris
from streets and construction sites in accordance with the City Code resulting from
construction work- by the Developer, its agents or assigns.
16. Ownership of Improvements. Upon acceptance by the City Council of the
work and construction required by this Agreement, improvements lying within public
easements and public right-of-way shall become City property without further notice or
action.
17. Streets. The Developer agrees to maintain the streets in this Phase until the
base course bituminous surfacing has been accepted by the City. Should the City be
61
required to grade the street prior to paving, the cost of such grading shall be paid by the
Developer and drawn from. the Developer's letter of credit. Should snow plowing be
necessary prior to street paving, the Developer shall be responsible for such plowing as may
be required by the Streets Supervisor. If, upon the Developer's request, the City agrees to
P
low the street prior to acceptance, such work- will be done upon agreement that the
Developer will hold harmless and indemnify the City from any and all liability claims
related to such work and pay all costs associated with that work. Any plowing undertaken
by the City will constitute no acceptance or evidence of acceptance of the street(s) in
question. Upon final completion of streets and acceptance by the City as a City street rather
than a private drive, the Developer shall guarantee to the City for a period of two (2) years
that the streets have been constructed to City standards. The warranty period shall not
commence until such time as street construction is completed and the streets are accepted as
City streets by the City. The two (2) year warranty set forth above continences upon the date
on which the City accepts the streets by resolution.
18. Sewage Treatment. No occupancy pen -nit for any building within the plat
will be issued by the City unless the Building Official has inspected both the sewer and
water connections to the building and has certified that they have been constructed
satisfactorily in accordance with City specifications and the City Code.
19. Administrative Fee. A fee for City Administration of this project is 1% of
estimated construction costs or $16,258.00.
20. Sewer Availability Charges. The Sewer Availability Charges for the Plat is
as follows; 67 lots at $25200.00 per REC = $147,400.00. Sewer Availability Charges are
due upon Final Plat approval.
21. Sewer Connection Fees. Sanitary sewer connection fees are paid at the time
of issuance of a building pen -nit. The applicable amount due per unit shall be the fee per
REC unit in place at the time of application for a building permit.
22. Water Availability Charges. The Water Availability Charges for the Plat is
as follows: 67 REC units at $1,566.00 per REC = $104,922.00. Water Availability Charges
are due upon Final Plat approval. Developer may be eligible for additional credit on Water
Availability Charges for construction of a trunk watennain along 701h Street within the Plat,
as approved by the City Engineer.
23. Water Connection Fees. Water connection fees are paid at the time of
issuance of a building permit. The applicable amount due per unit shall be the fee per REC
unit in place at the time of application for a building permit.
24. Park and Trail Dedication. The Park and Trail Dedication for the Plat is as
follows (including credit for previous dedication of Outlot D, MARTIN FARMS) 67 lots x
$3,348.00 per lot x 93.7%= $210,184.09. Developer may be eligible for additional credit
T
onpark- dedication fees for construction of a trail along 701h Street from MacIver Avenue to
the east Plat line., as approved by the City Engineer.
25. Street and Traffic Control Signs. Before the City signs the final plat, the
Developer shall pay to the City $6,250.00 for installation of traffic control signs (stop signs,
street signs, dead-end signs). The said amount was calculated as follows: 25 signs at $
250.00 per sign. Using these funds, the City shall purchase and install the street and traffic
control signs.
26. Street Light Construction. The Developer shall pay for the operation and
maintenance of the street lights for a period of two (2) years. In order to facilitate payment
of payment for operation and maintenance of street lights, the Developer shall submit a fee
to be included within the escrow and fees established in Paragraph 27 of this Agreement
and is calculated as follows 5 lights x $ 2,000.00 per light for a total payment of $10,000.00
-, The operation and maintenance of the street lights by the City shall not commence until
such time as the street lights are actually constructed. Street lighting shall conform to
adopted City Code.
27. City Engineering Administration and Construction Observation, Legal
Fees Escrow and City Fees. The Developer shall pay a fee for consulting engineering
administration following approval of the Plat. City engineering administration will include
consultation with Developer and its engineer on status or problems regarding the project,
monitoring during the warranty period, general administration and processing of requests
for reduction in security. Fees for this service shall be the actual amount billed for those
services estimated to be three percent (3%) of the estimated construction cost of the
improvements to be inspected, assuming normal construction and project scheduling. The
Developer shall pay for construction observation performed by the City Engineer.
Construction observation shall include part or full time observation, as determined by the
City Engineer, of proposed street, sanitary sewer, water and storm drainage construction
and will be billed on hourly rates actually required for said inspection estimated to be five
percent (5°x) of the estimated construction cost of the improvements to be inspected. In the
event of prolonged construction or unusual problems, the City will notify the Developer of
anticipated cost overruns for engineering administration and observation services.
The escrow and fee account shall also include estimated fees for Legal
expenses actually incurred, City Administrative Fee (a flat fee due upon execution of this
Agreement), Trunk Water and Sewer Access Fees (a flat fee due upon execution of this
Agreement), Transportation Infrastructure Costs (a flat fee due upon execution of this
Agreement), Park- and Trail Dedication Fees (a flat fee due upon execution of this
Agreement), Street Light Maintenance and Operation Fee (a flat fee due upon execution of
this Agreement) and shall be established as follows:
ESCROW AND FEES
City Construction Administration and Utility and Street Inspection Fees
(estimated 8% of $ 1,460,591.00) $ 1165847.00
Legal Fees (1% of $ 1,625,781.00, actual billings to be paid) 16,258.00
City Administration Fee (I% of$ 1,625,78 1.00) 16,258.00
Street & traffic control signs (25 at $250.00 per sign) 63250.00
Street light maintenance& operation (5 at $2,000.00 per light) 10,000.00
Park & Trail Dedication Fee (67 lots at $3,348/lot x 93.7%) $ 2105184.09
Transportation Infrastructure cost (67 lots at $1,690.00 per lot) $ 113,230.00
Sewer Availability Charge (671ots at $2,200.00 per REC) $ 1471400.00
Water Availability Charge (67 lots at $1,566.00 per REQ $ 104,922.00
Storm. Water Impact Charge ($3,175.00 per 25 net acres) 795375.00
TOTAL $ 8209724.09
This escrow amount shall be submitted to the City prior to the City executing this
Agreement. All administrative and legal fees related to plan review, drafting of this
Agreement and any other necessary items shall be paid to the City prior to execution of this
Agreement. Any amounts for legal and engineering not utilized from this escrow fund shall
be returned to the Developer when all improvements have been completed, all financial
obligations to the City satisfied, and the required "as constructed" plans have been received
by the City.
All other amounts listed as flat fees are non-refundable and available imt-nediately for City
use when posted.
28. Security. To ensure compliance with the terms of this Agreement, and
construction of all public improvements, the Developer shall furnish the City with a cash
escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the
amount of $ 2,032,226.20 said amount calculated as follows:
Site Grading, Erosion Control & Wetland Protection 75)000.00
Sanitary Sewer- Lateral & Trunk 255,820.00
Waten-nain- Lateral & Trunk 23 0,420.00
Storm Sewer- Lateral 33003.00
73,055.00
1,625,781.00
Streets 570,693.00
a -
Engineering and Surveying Construction Services 90,190.00
Landscaping $
SUBTOTAL $
TOTAL SECURITY ($ 1,619,726.00 x 125%) $
290329226.20
The issuer and form of the security (other than cash escrow) shall be subject to City
approval. The security shall be issued by a banldng institution in good standing as
determined by the City and approved by the City Administrator. The City shall have the
ability to draw on the security at a banl� or branch bank located within fifty (50) miles of the
City Hall. The security shall be for a term ending December 31, 2014 and shall contain an
automatic renewal provision. The City may draw down the security for any violation of the
terms of this Agreement, or upon receiving notice of the pending expiration of the security.
It shall be the responsibility of the Developer to inform the City at - least thirty (30) days
prior to expiration of the security of the impending expiration and the status of the project
relative to the security and this Agreement. If, for whatever reason, the security lapses prior
to complete compliance with this Agreement (other than during any warranty period), the
Developer shall immediately provide the City with either an extension of the security or an
irrevocable letter of credit of the same amount upon notification of the expiration. If the
required improvements are not completed at least thirty (3 0) days prior to the expiration of
the security, the City may also draw down the security. If the security is drawn down the
proceeds shall be used to cure any default.
Upon receipt of proof satisfactory to the City that work has been completed and financial
obligations to the City have been satisfied, with City approval, the security may be reduced
from time to time down to $ 229,351.45 the amount of warranty security. A warranty
security in the amount of $ 229,351.45 shall be posted with the City as set forth in
paragraph 32 of this Agreement.
Notwithstanding the posting of that warranty security, the security shall not be reduced
below ten percent (10%) of the posted security until all improvements have been completed,
all financial obligations to the City satisfied (which "includes posting of warranty security),
and the required "as built" plans have been received by the City. The intent of this
Agreement is that the City shall have access to sufficient security, either security or
9
warranty security, to complete the project and insure warranty on all public improvements at
all times.
This security amount shall be submitted to the City prior to execution of the Agreement.
All administrative and legal fees related to plan review, drafting of this Agreement and any
other necessary items shall be paid to the City prior to execution of this Agreement.
The security for this Agreement shall be an Irrevocable Standby Letter of Credit with
automatic renewal provisions conforming to the requirements of this Paragraph or cash in
the amount of $ 2,032X6.20.
29. Landscaping. The Developer shall install two (two) trees upon each lot
within the Plat of a species approved by the Zoning Administrator. These plantings may not
be installed in a public right-of-way. Any security posted for this agreement or prior
additions may be used to cure any defects in the event that the Developer, it assigns or
successors fail to install landscaping according to this Agreement. Landscaping security to
insure compliance with the approved Landscape Plan shall be $ 1,000 per lot to posted with
the City at the time of application for a building pen -nit on each lot. Any trees which can
cause a public nuisance or public hazard, such as bug infestation or weak bark, are
specifically pect ically prohibited.
The Developer, Builders or Property Owners (applicant for building permit)
in the residential lot area shall sod all front yards within the buildable portion of each lot
and shall post any security required by the City to assure landscaping or other items in
compliance with the City Code. The Developer, Builder or Property Owner shall provide
not less than six (6) inches of topsoil 'in required front yards or side yards abutting public
rights-of-way. Where slopes lie in excess of ten (10) percent, sodding (staked) shall be
required. Weather permitting, the trees, grass seed and sod shall be planted before
Certificates of Occupancy are issued. All grass seed shall be maintained so that turf is
established within one (1) year of planting.
If landscaping as required by the City Code and this Agreement is not timely
completed, the City may enter the lot or lots, perform the work, and apply any posted
security toward the cost. The Developer, it assigns or successors, Builder or Property Owner
will provide will provide all trees, grass, seed and sod within the Plat and shall maintain
said plantings and warrant them to remain alive, of good quality and disease free for twelve
(12) months after planting. Any replacement shall be warranted for twelve (12) months
from the time of planting.
Developer is also required to implement a Landscaping Plan including
boulevard landscaping along City streets as well as buffer yard plantings along the rear lot
lines of Lots I and 2, Block I and Lots 1-10, Block 2. Security in the amount of $ 91,3 18.00
($73,,055.00 x 125%) shall be posted in order to insure compliance with the approved
Landscaping Plan.
El
30. Significant Trees. There are no significant trees within the Phase. The
Developer is not required to replace any significant trees.
31. Meters. Meters shall be provided as per City policy.
32. Warranty. The Developer warrants all work required to be performed by it
against poor material and faulty workmanship for a period of one (1) year after its
completion and acceptance by the City. The amount of posted warranty security for public
improvements to be posted by the Developer shall be in the amount of $ 229,351.45. The
amount, has been determined by the City Engineer, and is based upon the costs of the raw
materials and labor which would be necessary to correct the most common deficiencies in
such public improvements.
33. Claims. The Developer shall pay any subcontractor within ten (10) days of
the Developer's receipt of payment by the City for undisputed services provided by the
subcontractor. In the event that the City receives claims from labor, materialmen, or others
that perform work- required by this Agreement, and the sums due them have not been paid,
and the laborers, materialmen or others are seeking payment from the City, the Developer
hereby authorizes the City to commence an interpleader action pursuant to Rule 22,
Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of
credit in an amount up to one hundred twenty-five percent (125%) of the clain(s) and
deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall
release, discharge, and dismiss the City from any further proceedings as it pertains to the
letters of credit deposited with the District Court, except that the Court shall retain
jurisdiction to determine attorney fees pursuant to this Agreement. In the event that the
Developer desires to make a cash deposit instead of drawing down the letter of credit if a
claim is made as stated above, they shall immediately notify the City of this intent at the
time the claim is made and shall delivery one hundred twenty-five percent (125%) of the
claim to the City within ten (10) days of such notice in the form of cash or certified check.
34. Restrictions. The following restrictions apply to the property and all lots
thereon shall be held, sold, and conveyed subject to the following conditions and
restrictions, which are for the purpose of protecting the value and desirability of the plat and
insuring that all conditions imposed by the City in this Agreement are properly recorded
against the property. Said conditions shall run with the real property and be binding on all
parties having a right, title or interest in the plat or any part thereof, their heirs, executors,
representatives, successors and assigns.- None.
35. Responsibility for Costs.
A. Except as otherwise specified herein, the Developer shall pay all costs
incurred by them or the City in conjunction with the development of
the Plat, including, but not limited to, legal, planning, engineering, and
inspection expenses incurred in connection with development of said
Plat, the preparation of this Agreement, and all costs and expenses
incurred by the City in monitoring and inspecting development of the
plat.
B. The Developer shall hold the City and its officers and employees
harmless from claims made by itself and third parties for damages
sustained or costs incurred resulting from Plat development. The
Developer shall indemnify the City and its officers and employees for
all costs, damages or expenses which the City may pay or incur in
consequence of such claims, including attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the
enforcement of this Agreement, including engineering fees, attorney's
fees-, and costs and disbursements.
D. The Developer shall pay in full all bills submitted to it by the City for
obligations incurred under this Agreement within thirty (3 0) days after
receipt. If the bills are not paid on time, the City may halt all plat
development work, and construction, including but not limited to the
issuance of building permits for lots which the Developers may or may
not have sold, until all bills are paid in full. Claims not paid within
thirty (3 0) days shall accrue interest at the rate of twelve percent (12%)
per year.
36. Developer's Default. In the event of default by the Developer as to any of
the work to be performed by it hereunder, the City may, at its option, perform the work and
the City may then draw down the security established in Paragraph 17 to pay for any work
undertaken, provided the Developer is first given notice of the work- in default, not less than
seven (7) days in advance. This notice provision does not apply if the work performed by
the City or its contractors is of an emergency nature_, as determined at the sole discretion of
the city. Should such emergency work be required the City will make all reasonable efforts
to notify the Developer as soon as possible. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part pursuant to any
applicable statutes or ordinances.
37. Miscellaneous.
A. The Developer represents to the City that the Plat complies with all
City, County, State, and Federal laws and regulations, including but
not limited to, Subdivision Ordinances, Zoning Ordinances, and
environmental regulations except where specifically excluded by this
agreement. If the City determines that the Phase does not comply, the
City may, at its option, refuse to allow construction or development
IV)
work in the plat until the Developer does comply. Upon the City's
demand, the Developer shall cease work until there is compliance.
B. Third parties shall have no recourse against the City under this
Agreement.
C. Breach of any of the terms of this Agreement by the Developer shall
be grounds for denial or revocation of building permits.
D. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Agreement is for any reason held invalid, such decision
shall not affect the validity of the remaining portion of this Agreement.
E. If building permits are issued by the City prior to the completion and
acceptance of public improvements, the Developer shall assume all
liability for the costs resulting in any delay in completion of public
improvements and damage to any public improvements caused by the
City, the Developer, its contractors, subcontractors, materialmen,
employees, agents, or third parties. No one may occupy a building for
which a building permit is issued on either a temporary or permanent
basis until the streets needed for access have been paved with a
bituminous surface, unless a specific exception is approved by the
City.
F. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding,
amendments or waivers shall be in writing, signed by the parties and
approved by written resolution of the City Council. The City's failure
to promptly take legal action to enforce this Agreement shall not be a
waiver or release.
G. This Agreement shall run with the land, shall be recorded against the
title to the property and all propel -ties therein established by the Plat,
and shall be binding on all parties having any right, title or interests in
this phase of the plat or any part thereof, their heirs, successors, and
assigns. After the Developer has completed the work required of them
under this Agreement as set forth in Section 8, at the Developer's
request, the City will execute and deliver to the Developers a release
or partial release (s) of this Agreement.
H. The Developer shall take out and maintain until one (1) year after the
City has accepted the public improvements, public liability and
0
property damage insurance covering personal injury, including death,
and any claims for property damage which may arise out of the
Developer's work or the work of their subcontractors or by one
13
directly or indirectly employed by any of them. Limits for bodily
injury and death shall not be less than $500,000.00 for one person and
$1,000,000.00 for each occurrence; limits for property damage shall be
not less than $200,000.00 for each occurrence. The City shall be
named as an additional named insured on said policy, and the
Developer shall file a copy of the insurance coverage with the City
prior to the City issuing further building permits.
I. Each right, power or remedy herein conferred upon the City is
cumulative and in addition to every other right, power or remedy,
express or implied, now or hereafter arising, available to City, at law
or in equity, or under any other agreement, and each and every right,
power and remedy herein set forth or otherwise so existing may be
exercised from time to time as often and in such order as may be
deemed expedient by the City and shall not be a waiver of the right to
exercise at any time thereafter any other right, power or remedy.
J. The Developer shall pay for all local costs related to drainage
improvements required to complete the construction according to the
plans and conditions that are a part of this Agreement.
K. Should development of the plat proceed at a pace slower than
anticipated, and for that reason, specific terms of this agreement
become onerous or unduly burdensome to the Developers, upon
his/her application, the City will enter into negotiations regarding
those specific terms and shall not unreasonably withhold consent to
appropriate changes in the terms of this Agreement.
L. The Developer shall demonstrate and maintain compliance with the
1991 Wetland Conservation Act.
M. The Developer shall be responsible for all on site drainage as well as
for any affects that their actions may have on adjoining properties.
Specifically, the Developer shall maintain existing drainage tiles on
site, and shall be responsible for any and all drainage problems related
to either the site drainage tiles or problems with on-site drainage
facilities to be constructed in accordance with this agreement and plat
approval.
38. Previous Developer's Agreement. Applicable portions of the previous
Developers Agreement for MARTIN FARMS still remains in effect for this Plat, subject
only to modifications set forth in this Agreement.
14
39. Notices. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, their employees or agents, or mailed to the
Developer by registered mail at the following address: US Homes Corporation c/o Lennar,
Attention: Joe Jablonski, 16305 36ffi Avenue North, Suite 600, Plymouth, MN 55446.
Notice to the City shall be in writing and shall be either hand delivered to the City Clerk at
the following address: City of Otsego, City Hall, 13400 90th Street NE, Otsego, MN 55330,
Attention: City Clerk
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk
US HOMES CORPORATION
DEVELOPER
Its:
STATE OF MINNESOTA )
) ss.
15
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
20145 by Jessica Stockamp, Mayor and by Tami Loff, City Clerk,
of the City Otsego, a Minnesota, municipal corporation, on behalf of the City and pursuant
to the authority of the City Council.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
2014 by the
of US Homes Corporation with authority and on behalf of the corporation.
Notary Public
DRAFTED BY:
MACARTHUR LAW OFFICE, LLC
3 601 Thurston Avenue North
Suite 103
Anoka, MN 55303
(763) 231-5850
day of